Kaye Scholer

Product Liability

Mr. Herschlein is a member of the firm’s Product Liability group, which was named “Best Product Liability Practice” in January 2006 by The American Lawyer, and Product Liability Firm of the Year at the 2008 Chambers and Partners “USA Awards for Excellence” ceremony. Mr. Herschlein has won jury verdicts acknowledged by The National Law Journal as among the “Top 10 Defense Wins” in two consecutive years. He has substantial experience representing manufacturers in product liability lawsuits in state and federal courts, including coordinating the nationwide defense and multi-district litigation proceedings of hundreds of cases arising from the recall of medical devices and pharmaceutical products.

Representative Product Liability Matters

• Representation of Novartis Consumer Health, Inc. in three jury trials in connection with plaintiffs who claimed injuries from products containing PPA. Conducted all direct and cross-examinations of neurology and other scientific experts. Obtained two defense verdicts in New Jersey state courts and a hung jury in Arizona federal court.
  
  
• National counsel to Boston Scientific Corporation in litigation regarding a recalled urinary incontinence device. Was co-lead MDL counsel in proceedings involving approximately 750 cases; tried and obtained a jury verdict in favor of our client.
  
  
• National counsel to Boston Scientific Corporation in litigation involving coronary stents. Argued and won dismissal of several suits on federal preemption grounds, and is lead counsel in coordinated proceedings in Massachusetts state court.
  
  
• National counsel to Pfizer in litigation regarding a prescription contraceptive injection. Obtained forum non conveniens dismissals of 98% of the cases in a coordinated proceeding, leading to a favorable global settlement.
  
  
• National counsel to Pfizer in litigation involving a prescription antibiotic.
  
  
• National counsel to Lutron Electronics Co., Inc. on any product liability claims against all of the company’s many products.

Complex Commercial Litigation

Mr. Herschlein has represented plaintiffs and defendants in civil litigations in courts across the United States, involving commercial, contract, product liability, securities, derivatives, intellectual property, real estate and bankruptcy claims.

Representative Complex Commercial Litigation Matters

• Representation of Lutron Electronics Co., Inc. in litigations in multiple U.S. District Courts, and in the International Trade Commission, on claims that defendants infringed patents, copyrights and trademarks owned by Lutron.
  
  
• Representation of Metallgesellschaft AG in numerous lawsuits across the United States claiming breaches of shareholders agreements, loan agreements, options and other contracts, following Metallgesellschaft’s shrinking of its United States investments.
  
  
• Representation of several clients on various claims arising from “change of control,” and “right of first refusal,” provisions.
  
  
• Representation of a major investment bank in connection with litigation following a $100 million debt offering, including two-day evidentiary hearing resulting in a sanction of plaintiffs. See In re WRT Energy Securities Litigation, 246 F.R.D. 185 (S.D.N.Y. 2007).
  
  
• Representation of financial institutions in litigations with former clients arising from lending relationships.
  
  
• Representation of George Steinbrenner in disputes with Major League Baseball.
  
  
• Representation of Leona and Harry Helmsley in connection with partnership and real property ownership litigation, including a 50-plus day arbitration regarding the shareholder agreement for, and an option to purchase, Helmsley Spear, Inc.; and multiple New York state court litigations regarding partnership disputes.
  
  
• Representation in the successful defeat of a major television network’s request for a preliminary injunction against the broadcast of a reality television program that allegedly infringed another program’s copyright and trademarks.
  
  
• Representation of numerous international and U.S. clients in shareholder, securities and dissolution litigations.
  
  
• Representation of a pro bono class of nursing home residents in a suit against New York City.

Memberships and Honors

Association of the Bar of the City of New York: Secretary (2000–2003), Chair, Young Lawyers Committee, (1991–1993); International Association of Defense Counsel; Fellow, American Bar Foundation; American Bar Association (Product Liability Litigation Committee; Pharmaceutical and Medical Devices Subcommittee); Federal Bar Council; Thurgood Marshall Award (1998); Legal Aid Pro Bono Publico Award for Affirmative Litigation (2001); Named in New York Lawyer (January 2001) as one of the “Fifteen Lawyers 40 and Under Shaping the Law for the 21st Century.”